Dipankar Datta, J. - (1.) Wards of 3 (three) out of the 6 (six) petitioners in W.P. No. 11848(W) of 2014 are students of Garulia Mill High School (hereafter the said school). They have called in question an order dated September 30, 2013 of the Secretary to the Government of West Bengal, School Education Department, ordering conversion of the said school from an aided school [governed by the provisions of the Management of Recognised non -Government Institutions (Aided and Unaided) Rules, 1969] to a sponsored school [to be governed by the Management of Sponsored Institutions (Secondary) Rules, 1972].
(2.) The impugned order refers to a resolution having been adopted by the Managing Committee of the said school on April 19, 2013 expressing willingness for such conversion. At the admission hearing of this writ petition, Mr. Chaturvedi, learned advocate for the petitioners, contended that although such willingness formed the basis of the impugned conversion order, the Secretary did not apply his mind to the materials on record and acted illegally in the exercise of his jurisdiction. He referred to the fact that since 2005, the affairs of the said school are being administered by none other than the D.I. of Schools (S.E.), 24 Parganas (North) as an Administrator appointed by the President, West Bengal Board of Secondary Education (hereafter the Board), and that his continuance in such office is not only not in accordance with the provisions of the 1969 Rules but also in clear breach of the final judgment and order dated May 21, 2009 passed by a coordinate Bench while disposing of W.P. No. 14306(W) of 2005 (being an earlier writ petition of these petitioners). At such stage, it was submitted by Mr. Dutta, learned advocate for the respondent No. 5 (the Administrator) that he had filed an application (C.A.N. No. 776 of 2010) seeking recall of the final judgment and order dated May 21, 2009 and since such application was not disposed of, the respondent No. 5 acting as the Administrator, in the absence of a validly constituted Managing Committee, had the authority to express willingness for conversion in terms of notification dated April 1, 2013 issued by the Government of West Bengal, School Education Department. By an order dated April 22, 2015, I directed enlistment of C.A.N. No. 776 of 2010 together with this writ petition on May 8, 2015. The respondents in the writ petition were restrained from giving any effect or further effect to the impugned order based on the prima facie satisfaction that willingness for conversion could not have been expressed by the respondent No. 5 while the final judgment and order dated May 21, 2009 was still in force and that the Secretary had not applied his mind. Affidavits were invited.
(3.) Upon exchange of affidavits, the writ petition and C.A.N. No. 776 of 2010 have been heard; the same shall stand disposed of by this common judgment and order.;